This chapter is hereby adopted by the City of
Watervliet for the purposes of prescribing regulations governing live
musical entertainment in the City of Watervliet. The legislative intent
of such regulations is to provide support to applicable businesses
that own, manage or maintain any bar, restaurant, and tavern in the
City of Watervliet by providing for the creation of a permit system
to allow limited live musical entertainment in the above mentioned
business establishments. Many of these businesses are suffering financial
hardship due to the smoking ban law and competition from other bars
and restaurants that are allowed to have live music entertainment.
The goal is to allow for live musical entertainment in a fair and
beneficial manner without negative impacts on the welfare of the residents
of the City of Watervliet.

If a provision of this chapter is found to be inconsistent
with any provision of other chapters of the City Code or Charter,
the provision or requirement which is the more restrictive or which
establishes the higher standard shall prevail. A greater penalty shall
not be considered as more restrictive or a higher standard.

If any part, provision, section, subdivision, paragraph
or term of this chapter shall be held unconstitutional, invalid or
ineffective, in whole or in part, such determination shall not be
deemed to invalidate the remaining article, parts, provisions, sections,
subdivisions, paragraphs or terms.

Any person, firm, association, organization, partnership,
company or corporation owning, managing or maintaining any bar, restaurant,
or tavern located in the City of Watervliet who is licensed to sell
alcohol pursuant to the laws of the State of New York.

No person, firm, association, organization,
partnership, company or corporation owning, managing or maintaining
a restaurant, bar or tavern within the limits of the City of Watervliet
shall be allowed to have live musical entertainment without first
having procured a permit from the City Clerk of the City of Watervliet.

No person, firm, association, organization,
partnership, company or corporation owning, managing or maintaining
a restaurant, bar or tavern within the limits of the City of Watervliet
shall permit any room or building owned or controlled by him or her
to be used for the purpose of live musical entertainment unless the
same shall have obtained a permit as herein provided.

Permits are available to all businesses located
in residential, business, manufacturing, and industrial zones in the
City of Watervliet that are licensed to serve alcohol pursuant to
authority of the New York State Liquor Authority. Permits are not
available to private residences and are not required for private clubs.
No permit shall be issued to any person under the age of 21 years
nor to any person who has been convicted of a felony nor to any firm,
association, organization, partnership, company or corporation of
which any member has been so convicted of a felony nor to any person
who is not a citizen of the United States or who has not filed his
or her declaration to become a citizen thereof nor to any firm, association,
organization, partnership, company or corporation of which any member
is not a citizen of the United States or who has filed his or her
declaration of intention to become a citizen thereof nor to any person
who, having previously obtained a permit to have live musical entertainment,
shall have said permit or any subsequently issued permits revoked,
terminated or suspended during the year immediately preceding the
time of making an additional application as herein mentioned nor to
any firm, association, organization, partnership, company or corporation
any member of which, having obtained a permit to have live musical
entertainment, shall have had such permit revoked during the year
immediately preceding the time of making the application.

A City permit for live musical entertainment is available
to and can be obtained by the applicable businesses commencing on
July 1, 2007, subject to the approval of the General Manager of the
City of Watervliet to allow for specific occasions where the bar,
tavern or restaurant desires to have the following entertainment:
live bands; karaoke, with or without a DJ; piano sing-a-longs, DJs
playing tapes, records or CDs; records, tapes or CDs; and news and
radio broadcasts. A permit is required for each separate live musical
entertainment per day.

A permit application form must be filed by the applicable
businesses and received by the City Clerk at least 10 calendar days
prior to the planned activity; provided, however, that the City Clerk
has the authorization to waive the ten-day permit application filing
requirement if the applicant provides sufficient proof that an unforeseen
occurrence took place that prompted the need for a planned activity.
Each permit application will be reviewed on a case-by-case basis by
the General Manager, City Clerk, Chief of the Police Department, and
Chief of the Fire Department. The City Clerk, Chief of the Police
Department, and Chief of the Fire Department may make recommendations
to the General Manager denying such permit application. If the permit
application is denied by the General Manager, the City Clerk will
notify the applicable business, in writing, of the decision to deny
a permit.

The entire history and records of the applicable business
will be reviewed during the permit application process, including,
but not limited to, police records and complaints made to the Watervliet
Police and Fire Departments, New York State Liquor Authority records,
complaints, findings and history, City of Watervliet Building and
Fire Department records, and input from the City Council.

The City Clerk will issue a permit to the applicable
business, upon approval of the General Manager, and will provide copies
of the permit to the Chief of the Police Department and Chief of the
Fire Department. A log and calendar of events will be kept by the
City Clerk and will be made available to the public at all times.

The General Manager has the authority to terminate
any permit activity or revoke any permit at any time and terminate
the ability of the applicable business to obtain a permit for live
musical entertainment in the future.

Each applicable business who has obtained a permit
is allowed to have unlimited live musical entertainment per year.
Permits must be obtained for each separate live musical entertainment.
Live musical entertainment is allowed between Monday through Sunday
and between the hours of 12:00 p.m. and 1:00 a.m. No live musical
entertainment is allowed after 1:00 a.m.

Applicable businesses who have obtained a permit for
live musical entertainment recognize that the activity permitted is
a privilege provided by the City of Watervliet and the General Manager
may limit, revoke or suspend said privilege at any time.

The Watervliet Police Department is the primary regulatory
and enforcement agency for live musical entertainment in the City
of Watervliet. Inspections by the Watervliet Police Department, Watervliet
Fire Department, and other authorized officials will take place at
any time while the permit is in effect. The Watervliet Police Department
has the sole discretion to order the termination of any live musical
entertainment in an effort to protect the welfare, safety, and health
of the residents of the City of Watervliet and the public at large.

Applicable businesses who have obtained a permit for
live musical entertainment must comply with the laws, codes, rules,
and regulations of the State of New York and the City of Watervliet,
including, but not limited to, the Penal Law of the State of New York,
the laws, rules, and regulations of the New York State Liquor Authority,
the City of Watervliet Zoning[1] and Noise Ordinances,[2] New York State Uniform Fire Prevention and Building Codes,
and the laws, rules, and regulations of the New York State and Albany
County Department of Health.

Any person, firm, association, organization, partnership, company or corporation who shall violate any provision of this chapter shall be guilty of a violation and shall be subject to a penalty as set forth in Chapter 1, General Provisions, Article III, General Penalty. In addition, the permit to have live musical entertainment shall automatically be revoked upon entry of a plea or conviction of a violation of any provision of this chapter and such person, firm, association, organization, partnership, company or corporation will not be allowed to apply for and will not be allowed to obtain a permit for one year from a finding of guilt as set forth above.

The permit system for the City of Watervliet
shall be reviewed annually by the General Manager and a written report
of the overall process of such system shall be generated and produced
by the General Manager and provided to the City Council no later than
the first regular scheduled Council meeting in the month of December.
The City Council of the City of Watervliet has the authority to terminate
the permit system by appropriate legislative action.